Estate Planning Attorneys

There’s more to a properly drafted Will than meets the eye. The gifting of your property at your death is just one aspect of a Texas Last Will and Testament. Your Last Will and Testament should also designate an executor and alternate executors, make specific bequests, and give other instructions for how your estate should be handled. If you have minor children, in Texas, your Last Will and Testament specifies who you believe should be guardian of your children.

This document tells your medical care providers your medical wishes should you become incapacitated in the future in an end-of-life scenario. For example, if you are in a vegetative state in the future, you won’t have the ability to communicate your wishes for medical treatment given that circumstance. This advance directive relieves a tremendous burden on your loved ones, who may fear that they will make a decision out of conformity with your wishes. Also, most people, if given the opportunity, would rather make these important decisions themselves—as opposed to leaving it to unknown medical staff or others.

With a Texas Medical Power of attorney, a you designed a medical agent, such as a spouse or some other loved one, to make medical decisions on your behalf in the event you are hospitalized and incapacitated.  You never know when you might become hospitalized, so it’s important to have the Medical POA ready before the need arises.

A durable general power of attorney grants another person the power to act on your behalf on financial, real estate, and/or legal transactions. The person you appoint will have the ability to manage your personal and financial affairs in the event you are unable.  This document is used when you are incapacitated, but it loses its power if you pass away.

A Declaration of Guardian designates who you’d like to serve as your guardian should the need arise for a legal guardian. There are two basic types of guardian: a guardian of the estate and a guardian of the person. A “guardian of the estate” has the power to make decisions regarding your property. The “guardian of the person” has the power to make personal decisions for you, such as where you will live.

Doctors and hospitals aren’t allowed to give out your medical records to just anybody, due to a federal law called “HIPAA”. If you want a loved one to have access to your medical files (or even be allowed to remain in the room while your doctor is talking), you need to give the health care provider HIPAA authorization to communicate your medical information.

Minor children require additional planning. For example, in Texas, your Last Will and Testament should indicate who you’d like to serve as guardian of your children should you die. Your Will may also include a provision to create a trust for your children instead of giving them money outright. We often call these “contingent testamentary trusts”. In this case, so long as the testamentary trust exists, a trusted person you name as trustee can make sure that the money is disbursed for important issues such as education.